HF 1440

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; changing, clarifying, and 
  1.3             rearranging the law on prevention of cruelty; imposing 
  1.4             penalties; amending Minnesota Statutes 1994, sections 
  1.5             85A.02, subdivision 10; 343.01, subdivision 1; 343.06; 
  1.6             343.12; 343.20, subdivisions 2, 3, and 5; 343.23; 
  1.7             343.40, subdivision 2; and 346.57, subdivision 2; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 343; repealing Minnesota Statutes 1994, 
  1.10            sections 343.20, subdivision 4; 343.21; 343.22; and 
  1.11            343.235. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 85A.02, 
  1.14  subdivision 10, is amended to read: 
  1.15     Subd. 10.  The board shall not be subject to the provisions 
  1.16  of chapters 17, 19, 97, 98, 99, 100, and 101, and section 343.21 
  1.17  343.221, subdivision 8, relating to purchase, barter, sale, 
  1.18  possession, breeding, or transporting wild animals. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 343.01, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [FORMATION AUTHORIZED.] A state federation 
  1.22  of county and district societies for the prevention of cruelty 
  1.23  to animals may be created as a corporation under chapter 317A 
  1.24  for the purpose provided in section 343.06.  The federation may 
  1.25  appoint representatives in any county where no active county or 
  1.26  district society exists for the purpose of receiving and 
  1.27  accounting for funds from any source, and may also appoint 
  1.28  agents at large to carry out the work of the federation 
  2.1   throughout the state.  The federation and all county and 
  2.2   district societies may appoint agents for the purpose of 
  2.3   investigating or otherwise assisting lawfully empowered 
  2.4   officials in the prosecution of persons charged with cruelty to 
  2.5   animals.  Appointed agents must have training and experience in 
  2.6   activities relating to prevention of cruelty to animals or 
  2.7   enforcement of laws relating to cruelty to animals training in 
  2.8   Minnesota laws governing care of companion animals as set forth 
  2.9   in board of animal health rules.  The federation may make bylaws 
  2.10  as are necessary to implement its authority under this chapter 
  2.11  and under chapter 317A. 
  2.12     Sec. 3.  Minnesota Statutes 1994, section 343.06, is 
  2.13  amended to read: 
  2.14     343.06 [PURPOSE OF FEDERATION HUMANE AGENCIES.] 
  2.15     It shall be The purpose of the state federation of county 
  2.16  and district humane societies and agencies is to assist in the 
  2.17  enforcement of the laws for the prevention of wrongs to animals; 
  2.18  to assist in the organization of district and county societies 
  2.19  and give them representation in the state federation; to aid 
  2.20  such societies and agents in the enforcement of the laws for the 
  2.21  prevention of wrongs to animals which may now or hereafter 
  2.22  exist, and to promote the growth of education and sentiment 
  2.23  favorable to the protection of animals provide humane services 
  2.24  for animals that are mistreated, unwanted, abandoned, or 
  2.25  otherwise in need; to provide for education of the public about 
  2.26  humane care and treatment of animals and the responsibilities of 
  2.27  animal ownership; to sponsor programs to eliminate propagation 
  2.28  of unwanted companion animals; and to refer to local law 
  2.29  enforcement agencies or to the board of animal health, cases of 
  2.30  cruelty and neglect for investigation. 
  2.31     Sec. 4.  Minnesota Statutes 1994, section 343.12, is 
  2.32  amended to read: 
  2.33     343.12 [DUTIES OF PEACE OFFICERS.] 
  2.34     Upon application of any agent appointed by the federation 
  2.35  or a county or district society, it shall be the duty of, any 
  2.36  sheriff or the agent's deputy or any police officer to 
  3.1   investigate any alleged violation of the law relative to cruelty 
  3.2   to animals, and to arrest any person found violating those 
  3.3   laws.  It shall also be the duty of those officers to take 
  3.4   possession of any animals in their respective jurisdictions 
  3.5   which have been cruelly treated, and deliver the same to the 
  3.6   proper officers of the county or district for custody and 
  3.7   care. A sheriff or other licensed peace officer employed by a 
  3.8   government entity shall investigate any alleged violation of the 
  3.9   law relative to the mistreatment of animals, take possession of 
  3.10  any animal in immediate danger or obviously suffering severely, 
  3.11  investigate alleged violations thoroughly, and take appropriate 
  3.12  legal action. 
  3.13     Sec. 5.  Minnesota Statutes 1994, section 343.20, 
  3.14  subdivision 2, is amended to read: 
  3.15     Subd. 2.  [ANIMAL.] "Animal" means every a living 
  3.16  creature except members of the human race owned and kept by a 
  3.17  person, corporation, partnership, association, or society 
  3.18  pursuant to personal enjoyment and companionship, for useful 
  3.19  work, or for production of income, food, or clothing.  
  3.20     Sec. 6.  Minnesota Statutes 1994, section 343.20, 
  3.21  subdivision 3, is amended to read: 
  3.22     Subd. 3.  [TORTURE; CRUELTY.] "Torture" or "cruelty" means 
  3.23  every an intentional act, or omission, or neglect which causes 
  3.24  or permits unnecessary or unjustifiable pain, suffering, or 
  3.25  death, including beating, maiming, poisoning, mutilation, 
  3.26  harassment, or malicious neglect.  
  3.27     Sec. 7.  Minnesota Statutes 1994, section 343.20, 
  3.28  subdivision 5, is amended to read: 
  3.29     Subd. 5.  [ANIMAL CONTROL OFFICER.] "Animal control 
  3.30  officer" means an officer employed by or under contract with an 
  3.31  agency of the state, county, municipality, or other governmental 
  3.32  subdivision of the state which is responsible for animal control 
  3.33  operations in its jurisdiction who has training in Minnesota 
  3.34  laws governing care of companion animals as set forth in board 
  3.35  of animal health rules. 
  3.36     Sec. 8.  [343.221] [LIMITATION ON SEIZURE OF ANIMALS.] 
  4.1      Subdivision 1.  [GROUNDS FOR SEIZURE.] A peace officer may 
  4.2   remove an animal only in compliance with this section.  No 
  4.3   animal may be removed, placed in a shelter, or taken from its 
  4.4   owner's care or custody unless the animal is subject to cruel or 
  4.5   inhumane treatment, palpable or obvious neglect, or is otherwise 
  4.6   in immediate danger of substantial bodily harm. 
  4.7      Subd. 2.  [WARNINGS.] Before an animal is seized under this 
  4.8   section, a warning must be issued to the owner or custodian in 
  4.9   writing by a peace officer or animal control officer indicating 
  4.10  the basis or grounds for the claimed torture, cruelty, neglect, 
  4.11  or peril to the animal.  The warning must be delivered by 
  4.12  personal service to the owner or custodian or, if the owner or 
  4.13  custodian is unknown and cannot be ascertained by reasonable 
  4.14  efforts, it may be posted at the facility or premises where the 
  4.15  animal is located.  The notice must indicate that the owner or 
  4.16  custodian has a period of no less than three nor more than ten 
  4.17  days to cure or remedy the deficiency.  The peace officer or 
  4.18  animal control officer may revisit the premises to inspect the 
  4.19  animal upon expiration of that time period.  If the deficiency 
  4.20  is not cured or rectified within the time period, the animal is 
  4.21  subject to seizure under this section. 
  4.22     Subd. 3.  [POSTWARNING SEIZURE.] If a written warning does 
  4.23  not result in the timely cure or correction of the deficiency 
  4.24  cited in the warning, a peace officer may seek a court order 
  4.25  directing the seizure of an animal.  Notice of a hearing must be 
  4.26  served personally upon the owner or custodian, if known, or if 
  4.27  the owner or custodian is unknown and cannot be ascertained by 
  4.28  reasonable efforts, notice of the hearing must be posted at the 
  4.29  facility or premises where the animal is located for a period of 
  4.30  not less than five days.  The court shall conduct a hearing as 
  4.31  soon as practicable to determine whether to issue an order for 
  4.32  seizure.  The authority seeking to effect the seizure has the 
  4.33  burden of proving, by clear and convincing evidence, that a 
  4.34  violation of this section has occurred. 
  4.35     Subd. 4.  [IMMEDIATE HARM.] A warning under subdivision 2 
  4.36  is not required if an animal is in immediate peril to its 
  5.1   well-being in the judgment of a peace officer or animal control 
  5.2   officer.  Unless exigent circumstances exist, a peace officer or 
  5.3   animal control officer seeking to seize an animal due to 
  5.4   immediate peril to its well-being shall apply to a court having 
  5.5   jurisdiction over the actions giving rise to a violation of this 
  5.6   section for a warrant to seize the animal.  The court shall 
  5.7   examine under oath the person seeking the warrant and any 
  5.8   witnesses the applicant produces or may take their affidavits in 
  5.9   writing.  The affidavits must set forth the grounds for 
  5.10  believing that a violation of the statute has occurred or is 
  5.11  occurring or probable cause to believe that a violation exists 
  5.12  and that an animal is in immediate peril to its well-being.  A 
  5.13  court that is satisfied of the existence of the grounds of the 
  5.14  application or that there is probable cause to believe a 
  5.15  violation exists and that the animal is in immediate peril to 
  5.16  its well-being, shall issue a search warrant and order for 
  5.17  seizure to a peace officer in the county.  The order must 
  5.18  command the officer to proceed promptly to the location of the 
  5.19  alleged violation and seize the animal in peril.  The warrant 
  5.20  must describe with particularity the animal or animals to be 
  5.21  seized.  No animals, item, or material other than those 
  5.22  specifically named in the warrant are subject to seizure. 
  5.23     The court may, in its discretion, provide for constructive 
  5.24  seizure on the part of the public authority, allowing the owner 
  5.25  or custodian to maintain custody of and provide for the care and 
  5.26  maintenance of the animal under the supervision of an 
  5.27  appropriate animal control officer or other appropriate 
  5.28  authority and subject to reasonable protective measures as 
  5.29  determined by the court. 
  5.30     Subd. 5.  [PRESENCE OF VETERINARIAN.] A licensed 
  5.31  veterinarian designated by the board of animal health must be 
  5.32  present at the execution of all warrants issued under 
  5.33  subdivision 4.  The veterinarian shall maintain and preserve 
  5.34  records of all animals observed, subject to inspection, or 
  5.35  seized under this section.  The records are public documents 
  5.36  under the Minnesota government data practices act. 
  6.1      Subd. 6.  [DELIVERY TO SHELTER.] An animal seized under 
  6.2   this section may be delivered, when necessary, to another person 
  6.3   or entity to be sheltered and cared for, including but not 
  6.4   limited to an animal humane organization. 
  6.5      Subd. 7.  [DISPOSAL OF ANIMALS.] Upon determination by a 
  6.6   licensed veterinarian, an animal taken into custody under this 
  6.7   section may be euthanized only if the animal is suffering and is 
  6.8   beyond cure through reasonable care and treatment.  The body or 
  6.9   necropsy report of an animal so euthanized must be preserved as 
  6.10  evidence.  All other animals must be disposed of under section 
  6.11  343.235.  The county or municipality providing shelter may 
  6.12  recover reasonable costs for care and maintenance of animals 
  6.13  incurred under this section if the owner or custodian is 
  6.14  convicted of violations of this chapter justifying seizure, but 
  6.15  in no other instance is the owner or custodian liable for costs 
  6.16  incurred under this section. 
  6.17     Subd. 8.  [POSTED NOTICE.] An authority taking custody of 
  6.18  an animal under this section shall give notice by posting a copy 
  6.19  of this section at the facility or premises where the animal is 
  6.20  taken into custody or by delivering it to a person residing on 
  6.21  the property. 
  6.22     Sec. 9.  Minnesota Statutes 1994, section 343.23, is 
  6.23  amended to read: 
  6.24     343.23 [EXPENSES OF INVESTIGATION.] 
  6.25     The expenses of the investigation authorized by section 
  6.26  343.22 343.221, including the fee of the doctor of veterinary 
  6.27  medicine, the actual expenses of keeping or disposing of any 
  6.28  animal taken into custody pursuant to an investigation, and all 
  6.29  other actual expenses reasonably incident to the investigation 
  6.30  shall be paid by the county treasurer from the general fund of 
  6.31  the county.  If the person alleged to have violated 
  6.32  section 343.21 343.221 is found guilty of the violation, the 
  6.33  county shall have judgment against the guilty person for the 
  6.34  amount of the expenses actual costs. 
  6.35     Sec. 10.  [343.236] [DISPOSITION OF SEIZED ANIMALS.] 
  6.36     Subdivision 1.  [RIGHTS OF OWNER OR CUSTODIAN.] A person 
  7.1   who owns or has lawful custody of an animal seized under this 
  7.2   chapter is entitled to all property rights in the animal until 
  7.3   final determination by a court that there has been a violation 
  7.4   of section 343.221. 
  7.5      Subd. 2.  [NO BOND REQUIRED.] A person claiming an interest 
  7.6   in an animal in custody under subdivision 1 is not required to 
  7.7   post a bond as security for the maintenance and preservation of 
  7.8   the animal while in custody after being seized under section 
  7.9   343.221.  Claims for costs or expenses incurred may be granted 
  7.10  only if it is ultimately determined by the court that the owner 
  7.11  or custodian has been convicted and is responsible for the 
  7.12  conditions justifying the seizure. 
  7.13     Subd. 3.  [INITIATION OF CHARGES.] The authority seizing an 
  7.14  animal shall institute proceedings under this section within 20 
  7.15  days of the date of seizure of the animal.  If no proceedings 
  7.16  are initiated within that period, the animal must be returned to 
  7.17  the owner or custodian. 
  7.18     Subd. 4.  [RESTRICTIONS.] If a person is convicted of 
  7.19  violating this section, the court may require that pet or 
  7.20  companion animals as defined in section 346.36 that have not 
  7.21  been seized by a peace officer and are in the custody of the 
  7.22  person convicted, must be turned over to a peace officer if the 
  7.23  court determines that the person is unable or unfit to provide 
  7.24  adequately for an animal.  The court may limit the person's 
  7.25  further possession or custody of pet or companion animals and 
  7.26  may impose other conditions the court considers appropriate, 
  7.27  including, but not limited to:  
  7.28     (1) imposing a probation period during which the person may 
  7.29  not have ownership, custody, or control of a pet or companion 
  7.30  animal; and 
  7.31     (2) requiring the person to receive behavioral counseling. 
  7.32     Sec. 11.  Minnesota Statutes 1994, section 343.40, 
  7.33  subdivision 2, is amended to read: 
  7.34     Subd. 2.  [BUILDING SPECIFICATIONS.] The shelter shall must 
  7.35  include a moistureproof and windproof structure of suitable size 
  7.36  to accommodate the dog and allow retention of body heat.  It 
  8.1   shall must be made of durable material with a solid floor raised 
  8.2   at least with two inches from the ground and with the entrance 
  8.3   covered by a flexible windproof material or a self-closing 
  8.4   swinging door of dead airspace or the equivalent in insulation 
  8.5   value.  The structure shall must be provided with a sufficient 
  8.6   quantity of suitable bedding material consisting of hay, straw, 
  8.7   cedar shavings, blankets, or the equivalent, to provide 
  8.8   insulation and protection against cold and dampness and promote 
  8.9   retention of body heat. 
  8.10     Sec. 12.  Minnesota Statutes 1994, section 346.57, 
  8.11  subdivision 2, is amended to read: 
  8.12     Subd. 2.  [REMOVAL OF DOGS OR CATS.] A peace officer, as 
  8.13  defined in section 626.84, a humane agent, a dog warden, animal 
  8.14  control officer or a volunteer or professional member of a fire 
  8.15  or rescue department of a political subdivision may use 
  8.16  reasonable force to enter a motor vehicle and remove a dog or 
  8.17  cat which has been left in the vehicle in violation of 
  8.18  subdivision 1 is in immediate danger.  A person removing a dog 
  8.19  or a cat under this subdivision shall use reasonable means to 
  8.20  contact the owner of the dog or cat to arrange for its return 
  8.21  home.  If the person is unable to contact the owner, the person 
  8.22  may take the dog or cat to an animal shelter. 
  8.23     Sec. 13. [INSTRUCTION TO REVISOR.] 
  8.24     The revisor shall renumber the sections in column A to the 
  8.25  numbers in column B and correct all references to those sections 
  8.26  in the next edition of Minnesota Statutes and Minnesota Rules. 
  8.27          A              B 
  8.28       343.28          35.702 
  8.29       343.30          97A.033 
  8.30       346.57          343.39 
  8.31     Sec. 14.  [REPEALER.] 
  8.32     Minnesota Statutes 1994, sections 343.20, subdivision 4; 
  8.33  343.21; 343.22; and 343.235, are repealed.